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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35059
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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, I am going through an extremely acrimonious divorce,

Customer Question

I am going through an extremely acrimonious divorce, the mortgage and deeds to the family home are in my sole name although my estranged wife has a claim on the proceeds. My estranged wife has moved out of the property and as agreed with both partiess, the house was put up for sale. The house is now under offer below the asking price and I have accepted the offer.
My question is, can my wife prevent the sale?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is there court order for the sale already in existence?
Customer: replied 3 years ago.

No, at this time it is by mutual agreement but I am unsure how long this will last hence the original question.

Expert:  Clare replied 3 years ago.
Then the bad news is that yes I am afraid that she could file a Matrimonial Home Rights Notice even at this late stage and that would stop the sale until either there is a Court Order or the Decree Absolute is granted.
To try and minimise the risks it woudl be sensible to get her to agree the price before you go much further.
Please ask if you need further details